Case law

Player v. Motiva Enters., LLC

240 F. App'x 513 · Court of Appeals for the Third Circuit · Jul 13, 2007

First, the District Court found that McDonald was not qualified to opine on the value of Plaintiffs’ properties. … Thus, it was clearly not “a small part” of his valuation.

John Curley v. Monmouth County Board

Court of Appeals for the Third Circuit · Jul 15, 2020

In his Second Amended Complaint, Curley set forth details of these matters and explained his opposition to the County Republican establishment on these points. … Inasmuch as Curley’s First Amendment retaliation claims fail, we will not address Defendants’ arguments pertaining to legislative and qualified immunity. 10

United States v. Velasquez

64 F.3d 844 · Court of Appeals for the Third Circuit · Aug 31, 1995

Bonjour to testify as a qualified expert in the field of handwriting analysis. … existence and maintenance of standards controlling the technique's operation; (5) whether the method is generally accepted; (6) the relationship of the technique to methods which have been established

United States v. Jabree Williams

974 F.3d 320 · Court of Appeals for the Third Circuit · Sep 10, 2020

Although the evidence establishing the existence of a conspiracy may coincide with proof of participation in that conspiracy, “certain types of circumstantial evidence become substantially more probative if it can be established … An offense committed before the age of 18 may qualify “if it is classified as an adult conviction under the laws of the jurisdiction in which the defendant was con- victed.” U.S.S.G. § 4B1.2 cmt. n.1.

United States v. Nunez

86 F. App'x 488 · Court of Appeals for the Third Circuit · Dec 22, 2003

Only in such cases may the sentencing court look to the facts of the particular case in order to determine whether the trier of fact necessarily found elements that would qualify the offense” under the enhancement provision … Here, the fact finder – the New York judge – clearly found all of the elements of a “drug trafficking offense” within the meaning of U.S.S.G. § 2L1.2.

In Re: United Artist

Court of Appeals for the Third Circuit · Jan 9, 2003

Houlihan Lokey worries that the courts might "Monday- morning quarterback," or second-guess, decisions that in hindsight were clearly mistaken, but at the time seemed attractive options. … Since Delaware case law has clearly established ‘gross negligence’ as the standard for liability of directors in violating their duty of care, the reference to ‘negligence’ ___________________________

Joseph B. Taylor v. Pathmark Stores, Inc

177 F.3d 180 · Court of Appeals for the Third Circuit · May 19, 1999

Ctr., 142 F.3d 138 , 143 n. 4 (3d Cir.1998) (en banc), although the employer’s state of mind is clearly *183 relevant to the appropriate remedies. … But that question goes to a totally different element of the plaintiff’s case. which is whether the plaintiff is qualified to perform the essential functions of the job.

Woosley v. United States District Court for the District of Connecticut

693 F. App'x 144 · Court of Appeals for the Third Circuit · Jun 14, 2017

Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971). 3 The District Court alternatively ruled that because Judge Thompson is immune from suit, the adoptive parents cannot be sued under § 1983, and dismissal of the action … “Plaintiffs, as the parties invoking federal courts’ jurisdiction, bear the burden of establishing their standing.” Id.

Ricardo v. Ambrose. Appeal of Ricardo

211 F.2d 212 · Court of Appeals for the Third Circuit · Mar 19, 1954

The system of taxation established by the ordinance of 1922 in St. Thomas and St. John proved to be unsatisfactory. … Neither the law nor the regulations establish the *502 assessment- districts, however, but leave them to the determination of the assessing authorities.

Latessa v. New Jersey Racing Commission

113 F.3d 1313 · Court of Appeals for the Third Circuit · May 9, 1997

Latessa’s lack of personal integrity in the Milici matter, are at best ambiguous and could be found by a reasonable trier of fact to be entirely consistent with his being qualified to serve as a judge. Third, Mr. … While claims based on statutes implementing the Fourteenth Amendment are not barred by the Eleventh Amendment if the intent to abrogate state immunities is clear, see Seminole Tribe of Florida v.

Wesley Massey v. Todd Pfeifer

Court of Appeals for the Third Circuit · Feb 26, 2020

. § 1915(e), dismissed the claims against two Crawford County Assistant District Attorneys and the Magistrate District Judge who was presiding over Massey’s criminal case, determining that they were immune from suit. … To establish a false arrest claim, the claimant must show that the arrest was made without probable cause. See generally District of Columbia v. Wesby, 138 S. Ct. 577, 584-86 (2018).

Francisco Paucar v. Attorney General United States

545 F. App'x 121 · Court of Appeals for the Third Circuit · Nov 5, 2013

It is well established that the six-year statute of limitations applies to claims brought pursuant to the APA. See, e.g., Izaak Walton League of Am., Inc. v. Kimbell, 558 F.3d 751, 758 (8th Cir. 2009). … Doing so was clearly within the public interest, given that aliens and their employers may well have been under the impression—prior to the promulgation of the Attorney General’s rule—that aliens could retroactively take

In Re Orthopedic Litigation

Court of Appeals for the Third Circuit · Aug 31, 2001

Because the record establishes the Court's lack of jurisdiction, we will affirm. … Such intentional conduct, however, is explicitly exempted from the FTCA's waiver of sovereign immunity.21 b.

Campbell v. West Pittston Borough

498 F. App'x 186 · Court of Appeals for the Third Circuit · Aug 15, 2012

Because nothing in the record suggests that Campbell’s prior lawsuit touched upon a matter of public concern, we conclude that it does not qualify as protected activity. … To establish a prima facie case, a plaintiff must show that “(1) he is over 40, (2) he is qualified for the position in question, (3) he suffered an adverse employment decision, and (4) he was replaced by a sufficiently

Fuentes-Miranda v. Attorney General of the United States

533 F. App'x 110 · Court of Appeals for the Third Circuit · Aug 1, 2013

. § 1208.16(c)(2) (providing that, to qualify for relief under the CAT, an applicant must establish “that it is more likely than not that he or she would be tortured if removed to the proposed country of removal”). … Furthermore, the IJ instructed the interpreter on numerous occasions to speak loudly so that Fuentes-Miranda, who has difficulty hearing, could clearly discern the questions.

388 Route 22 Readington v.

Court of Appeals for the Third Circuit · Oct 15, 2021

The Court found “that a properly advertised and actively participated in auction produces the best possible measure of fair value” and “[t]he lack of any irregularity in the auction process coupled with 15 qualified bidders … In addition, the Bankruptcy Court’s factual findings were not clearly erroneous. It found the auction was well marketed and generated substantial interest from numerous potential bidders.

Theodore Hayes v. Philip Harvey

874 F.3d 98 · Court of Appeals for the Third Circuit · Oct 18, 2017

Importantly, HAP contracts establish the maximum monthly rent a property owner may charge for each dwelling unit. § 1437f(c)(l)(A). … Because termination of a HAP contract for project-based assistance is a qualifying “eligibility event” for enhanced voucher assistance, see § 1437f(t)(2), we look next to § 1437f(t), the enhanced voucher provision. B.

United States v. Ricardo Mitchell

690 F.3d 137 · Court of Appeals for the Third Circuit · Aug 7, 2012

Ed. 2d 47 (2012) (noting that a police officer is not “automatically entitled to qualified immunity for seeking a warrant unsupported by probable cause” on the basis of his supervisor’s review of it “because the officers’ … In so doing, the Dyer court understood that it did not matter whether or not a prospective juror was part of a recognized category of implied bias that had been established by the common law or other precedents.

United States v. Delbridge

504 F. App'x 145 · Court of Appeals for the Third Circuit · Nov 15, 2012

Shedrick, 493 F.3d 292, 299 (3d Cir. 2007) (“[D]efense counsel’s conjectures to his client about sentencing are irrelevant where the written plea agreement and in-court guilty plea colloquy clearly establish the defendant … two claims related to his status as a career offender: (1) counsel should have investigated whether his prior convictions actually qualified him for sentencing as a career offender; and (2) counsel should have challenged

Shasrie Singh v. Atty Gen USA

430 F. App'x 157 · Court of Appeals for the Third Circuit · Jun 8, 2011

to his cancellation of removal claim, the IJ found that, even if his motion to reopen was not time-barred, Singh failed to make a prima facie showing that he had ten years‟ physical presence in the United States, or a qualifying … On August 5, 2010, the Board dismissed the appeal, determining that the IJ‟s factual findings were not clearly erroneous, and affirming and adopting the IJ‟s legal conclusions.